Calandra v. Marnell

Appeal from an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered July 16, 2004 in a personal injury action. The order denied defendant’s motion seeking summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action alleging that defendant negligently operated a motor vehicle owned by plaintiff in which plaintiff was a passenger and that, as a result of defendant’s negligence, the vehicle “veer[ed] off the road and into a ditch, thus…